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FUNCTIONS OF THE COPYRIGHT BOARD REGULATIONS

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Laws of Malta — Subsidiary Legislation 415.6 — FUNCTIONS OF THE COPYRIGHT BOARD REGULATIONS

FUNCTIONS OF THE COPYRIGHT BOARD

SUBSIDIARY LEGISLATION 415.06

FUNCTIONS OF THE COPYRIGHT BOARD

REGULATIONS

7th November, 2014

LEGAL NOTICE 395 of 2014.

Laws of Malta — Subsidiary Legislation 415.6 — FUNCTIONS OF THE COPYRIGHT BOARD REGULATIONS

The title of these regulations is the Functions of the

Copyright Board Regulations.

Laws of Malta — Subsidiary Legislation 415.6 — FUNCTIONS OF THE COPYRIGHT BOARD REGULATIONS

In these regulations, the following words and phrases shall

have the following meanings

"the Act" means the Copyright Act;

"the Board" means the Copyright Board established under article

45 of the Act;

"Member State" means Member State of the European Union;

"the Minister" means the Minister responsible for the protection

of copyright and neighbouring rights;

"orphan works" means -

(a) works published in the form of books, journals,

newspapers, magazines or other writings contained in

the collections of publicly accessible libraries,

educational establishments or museums as well as in

the collections of archives or of film or audio heritage

institutions;

(b) cinematographic

or

audiovisual

works

and

phonograms contained in the collections of publicly

accessible libraries, educational establishments or

museums as well as in the collections of archives or of

film or audio heritage institutions; and

(c) cinematographic

or

audiovisual

works

and

phonograms produced by public-service broadcasting

organisations up to and including 31 December 2002

and contained in their archives,

which are protected by copyright or neighbouring rights and which

are first published in a Member Stat e or, i n the absence of

publication, first broadcast in a Member State, if none of the

rightholders in that work or phonogram is identified or, even if one

or more of them is identified, none is located despite a diligent

search for the rightholders has been carried out and recorded.

Laws of Malta — Subsidiary Legislation 415.6 — FUNCTIONS OF THE COPYRIGHT BOARD REGULATIONS

By virtue of these regulations, the Minister has assigned

the following functions to the Board

(a) to determine the amount of compensation due in

disputes involving orphan works;

(b) to order a person to pay the amount of compensation

fixed by it.

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